Preview
®
CM-110
[
STTORNEY OR PARTY WITHOUT ATTORNEY (Name, ADs FOR COURT USE ONLY
adress! WIT.LIAM A. WARD (SBN 37959)
LAW OFFICE OF WILLIAM A. WARD
#9 Williamsburg Lane
Chico, California 95926
TELEPHONE NO: (530) 342-2225 FAX NO. (Optional)
E-MAIL ADDRESS (Optional): Buite C
Nef
Super? Ueuit
ATTORNEY FOR (Namo): STEPHEN MELINE Iv et al. i i
SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE. E Rn
STREET ADDRESS: 655 Oleander Avenue Le iG 2006
MAILING ADDRESS: 655 Oleander Avenue ha Clerk
city anpzipcope: Chico, CA 95926
LAY (eput Ny
BRANCH NAME:
PLAINTIFF/PETITIONER: MELINE et al
DEFENDANT/RESPONDENT: MELINE, et al
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): Cc] UNLIMITED CASE [1 ute case 127180
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: February 24, 2006 Time:10:30 a.m. Dept..Judge Kelly Div. Room:
Address of court (if different from the address above).
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
Party or parties (answer one).
a. [] This statement is submitted by party (name).
This statement is submitted jointly by parties (names): Violet Arlene Meline, Stephen Meline IV
Robert J. Meline, Nelda F. Jessee and Melanie G. Edgington
Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): March 6, 2002
The cross-complaint, if any, was filed on (date): February 3, 2003, and on December 27 2005.
Service (to be answered by plaintiffs and cross-complainants only)
All parties named in the complaint and cross-complaint have been served, or have appeared, or have been dismissed.
bs CI The following parties named in the complaint or cross-complaint
(1) [1 have not been served (specify names and explain why not)
(2) [1 _ have been served but have not appeared and have not been dismissed (specify names).
(3) [2] have had a default entered against them (specify names).
¢. C4 The following additional parties may be added (specify names, nature of involvement in case, and the date by which
they may be served).
Description of case
a. Type of case in (1 complaint cross-complaint (describe, including causes of action).
The complaint seeks partition of Orchard real property and injunctive relief.
The first cross-complaint seeks partition of Range real property. The recent
cross-complaint seeks partition of a rice ranch and dissolution of the
Corporation.
Page 1 of4
Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal, Rules of Court,
Judicial Council of
(CM-110 [Rev. January 1, 2005} @EB rule 212
PLAINTIFF/PETITIONER: MELINE,
e et al
VASE NUMBER:
127180
| DEFENDANT/RESPONDENT:MELINE, et al
4. b. Provide a brief statement of the case, including any damages. (/f personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost
eamings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
This is a partition action of three separate ranches. The complaint involves
orchard land and the cross-complaints involve range land and rice land. Some but
not 100% of the parties have common ownership in the ranches A family Corporation
will be dissolved. An accounting will be required as part of the dissolution
process The most recent cross-complaint alleges misuse of Corporation assets.
Appraisals have not yet started. The survey work necessary for partition cannot
go forward without appraisals. The appraisal issues pertaining to all the ranches
are complex and difficult. This case will be held back until the appraisals are
completed.
(1 = (ifmore space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request Cla jury trial [Ea Nonjury trial (if more than one party, provide the name of each party
requesting a jury trial).
Trial date
a {] The trial has been set for(date):
b. No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if
not, explain): This case will require more than 12 months for preparation
Appraisals and surveys will be required after which an accounting may be needed
¢, Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability).
Estimated length of trial
The party or parties estimate that the trial will take (check one).
days (specify number): Two (2) weeks
b. [1 hours (short causes) (specify):
Trial representation (to be answered for each party)
The party or parties will be represented at trial Kx] by the attorney or party listed in the caption Co by the following:
Attorney: William A. Ward
Firm: LAW OFFICE OF WILLIAM A. WARD
Address:9 Williamsburg Lane, Chico, CA 95926
Telephone number: (530) 342-2225
Fax number: (530) 342-7920
E-mail address: n/a
Party represented: The Stephen Meline IV Family
oO Additional representation is described in Attachment 8.
Preference
[Ec] This case is entitled to preference (specify code section): Plaintiff has requested preference
10. Alternative Dispute Resolution (ADR)
a Counsel has has not provided the ADR information package identified in rule 201.9 to the client and has
reviewed ADR options with the client.
b. [J Allparties have agreed to a form of ADR. ADR will be completed by (date)
The case has gone to an ADR process (indicate status). Mediation, settlement not reached.
(CM-110 [Rev. January 1, 2005} Pago 2of 4
CASE MANAGEMENT STATEMENT
GEB
3 NUMBER:
PLAINTIFF/PETITIONER: MELINE, et al.
127180
-| DEFENDANT/RESPONDENT: MELINE, et al.
x
10.d. The party or parties are willing to participate in (check all that apply):
(1) Gx] Mediation
(2) Co Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to close 15 days before
arbitration under Cal. Rules of Court, rule 1612)
(3) Co Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to remain open until 30 days
before trial der required under Cal. Rules of Court, rule 1612)
(4) (1 Binding judicial arbitration
«6 CO Binding private arbitration
(6) (1 Neutral case evaluation
(7) Other (specify): A referee has been appointed under Code of Civil Procedure
Section 644(b).
e. [1] This matter is subject to mandatory judicial arbitration because the amount in controversy does not exceed the statutory limit
f. [] Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil
Procedure section 1141.11.
g. [_) This case is exempt from judicial arbitration under rule 1601(b) of the California Rules of Court (specify exemption):
11. Settlement conference
The party or parties are willing to participate in an early settlement conference (specify when): At any time.
12. Insurance
a. [J Insurance carrier, if any, for party filing this statement (name):
b Reservation of rights: ( Yes [J No
c. [) Coverage issues will significantly affect resolution of this case (explain):
13. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status.
Co Bankruptcy: Other (specify): Reference under Code of Civil Procedure Section 644 (b).
Status:
14, Related cases, consolidation, and coordination
a There are companion, underlying, or related cases.
(1) Name of case:
(2) Name of court:
(3) Case number:
(4) Status:
[] Additional cases are described in Attachment 14a.
b. [1] Amotion to [= consolidate [5 coordinate will be filed by (name party):
15. Bifurcation
(—) The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of
action (specify moving party, type of motion, and reasons):
16. Other motions
[1 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
CM-+110 (Rev. January 1, 2005] CASE MANAGEMENT STATEMENT Page 30f 4
GEB
PLAINTIFF/PETITIONER: MELINE et
e@ al. ‘CASE NUMBER:
+ 127180
t DEFENDANT/RESPONDENT: MELINE et al.
17. Discovery
a. The party or parties have completed all discovery.
b. Gc] The following discovery will be completed by the date specified (describe all anticipated discovery).
Party Descriptiot Date
Defendant and Discovery is anticipated in regard
Cross-Complainants to the land division and appraisals
regarding all ranches. Also,
discovery may be required in respect
to the dissolution of the Corporation
and anticipated accounting issue.
c. Cx] The following discovery issues are anticipated (specify) Use and alleged mis-use of Corporation
assets; value of real property; contributory value of land improvements paid
for by the Corporation; easement and access rights; accounting.
18, Economic Litigation
a. This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90 through 98 will apply to this case.
b. [_] This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or foradditional
discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial
should not apply to this case):
19, Other issues
Gc The party or parties request that the following additional matters be considered or determined at the case management
conference (specify): A referee was appointed in open court on June 17 2005 A contested
motion is pending before the referee for appointment of an appraisal firm to
appraise all the ranches The undersigned believes that an appraisal of all the
ranches is necessary so that a multiplicity of discovery can be avoided.
20. Meet and confer
The party or parties have met and conferred with all parties on all subjects required by rule 212 of the California Rules of
Court (if not, explain).
b. After meeting and conferring as required by rule 212 of the California Rules of Court, the parties agree on the following
(specify)
21 Case management orders
Previous case management orders in this case are (check one). [5 none [1] attached as Attachment 21
An order of severance has been made. A referee has been appointed (order filed 9-6-05)
22. Total number of pages attached (if any).
| am completely familiar with this case and will be fully prepared to discuss the status of discovery and ADR, as well as other issues
raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management
conference, including the written authority of the party where required.
Date: February 10, 2006
William A. Ward rl Ae Wa
(SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME)
»
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
[Additional signatures are attached
CM-110 [Rev. January1, 2005] Page
4 of 4
CASE MANAGEMENT STATEMENT
GEB
e @
PROOF OF SERVICE
I declare that I am employed in the County of Butte, State of California. I am over the age
of 18 years and am not a party to the within action; my business address is #9 Williamsburg Lane,
Chico, California, 95926.
On February 10, 2006, I served foregoing document(s) described as:
Case Management Statement
on the parties/counsel, addressed as follows:
John Jeffe: Carter, Es Richard L. Crabtree
CARTER AW OFFIC. Attorney at Law
P. O. Box 3606 1395 Ridgewood Drive, Suite 300
Chico, CA 95927-3606 Chico, CA 95973
10
Nels A. Christensen, Esq. James B. Berglund
11 CHRISTENSEN & SCHWARZ, LLP Attorney at Law
1 Governors Lane 1838 Feather River Boulevard
4g 5
535)
gHos
ws
Bz
12
13
Chico, CA 95926 Oroville, CA 95965
Courtesy Copy t
Charleton S. Pearse, Esq. Referee, The Honorable Noel Watkins
ix SoSEN
oZm08 14 McMURCHIE, WEILL, LENAHAN, LEE, judge gf the Superior Court, Retired
LOLS
Saez SLATER & PEARSE, LLP
353 WOR
Es, 15 1030 Fifteenth Street, Suite 300 Red Bluff, CA 96080
+ Be
2 SG Sacramento, CA 95814
3“ gr 16
17 The following is the procedure in which service of this document was effected.
18 X__ U.S. Postal Service (placing such envelope(s) with postage thereon fully prepaid in the
designated area for outgoing mail in accordance with this office’s practice, whereby the
19 mail is deposited in the United States mailbox in the City of Chico, California, after the
close of the day’s business)
20 —_ Federal Express
Facsimile
21
22 I declare under penalty of perjury under the laws of the State of California that the
23 foregoing is true and correct, and that this document is executed on February 10, 2006, at Chico,
24 California.
25
26
Preview
® CM-110 [ STTORNEY OR PARTY WITHOUT ATTORNEY (Name, ADs FOR COURT USE ONLY adress! WIT.LIAM A. WARD (SBN 37959) LAW OFFICE OF WILLIAM A. WARD #9 Williamsburg Lane Chico, California 95926 TELEPHONE NO: (530) 342-2225 FAX NO. (Optional) E-MAIL ADDRESS (Optional): Buite C Nef Super? Ueuit ATTORNEY FOR (Namo): STEPHEN MELINE Iv et al. i i SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE. E Rn STREET ADDRESS: 655 Oleander Avenue Le iG 2006 MAILING ADDRESS: 655 Oleander Avenue ha Clerk city anpzipcope: Chico, CA 95926 LAY (eput Ny BRANCH NAME: PLAINTIFF/PETITIONER: MELINE et al DEFENDANT/RESPONDENT: MELINE, et al CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): Cc] UNLIMITED CASE [1 ute case 127180 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: February 24, 2006 Time:10:30 a.m. Dept..Judge Kelly Div. Room: Address of court (if different from the address above). INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. Party or parties (answer one). a. [] This statement is submitted by party (name). This statement is submitted jointly by parties (names): Violet Arlene Meline, Stephen Meline IV Robert J. Meline, Nelda F. Jessee and Melanie G. Edgington Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): March 6, 2002 The cross-complaint, if any, was filed on (date): February 3, 2003, and on December 27 2005. Service (to be answered by plaintiffs and cross-complainants only) All parties named in the complaint and cross-complaint have been served, or have appeared, or have been dismissed. bs CI The following parties named in the complaint or cross-complaint (1) [1 have not been served (specify names and explain why not) (2) [1 _ have been served but have not appeared and have not been dismissed (specify names). (3) [2] have had a default entered against them (specify names). ¢. C4 The following additional parties may be added (specify names, nature of involvement in case, and the date by which they may be served). Description of case a. Type of case in (1 complaint cross-complaint (describe, including causes of action). The complaint seeks partition of Orchard real property and injunctive relief. The first cross-complaint seeks partition of Range real property. The recent cross-complaint seeks partition of a rice ranch and dissolution of the Corporation. Page 1 of4 Form Adopted for Mandatory Use CASE MANAGEMENT STATEMENT Cal, Rules of Court, Judicial Council of (CM-110 [Rev. January 1, 2005} @EB rule 212 PLAINTIFF/PETITIONER: MELINE, e et al VASE NUMBER: 127180 | DEFENDANT/RESPONDENT:MELINE, et al 4. b. Provide a brief statement of the case, including any damages. (/f personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost eamings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) This is a partition action of three separate ranches. The complaint involves orchard land and the cross-complaints involve range land and rice land. Some but not 100% of the parties have common ownership in the ranches A family Corporation will be dissolved. An accounting will be required as part of the dissolution process The most recent cross-complaint alleges misuse of Corporation assets. Appraisals have not yet started. The survey work necessary for partition cannot go forward without appraisals. The appraisal issues pertaining to all the ranches are complex and difficult. This case will be held back until the appraisals are completed. (1 = (ifmore space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request Cla jury trial [Ea Nonjury trial (if more than one party, provide the name of each party requesting a jury trial). Trial date a {] The trial has been set for(date): b. No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): This case will require more than 12 months for preparation Appraisals and surveys will be required after which an accounting may be needed ¢, Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability). Estimated length of trial The party or parties estimate that the trial will take (check one). days (specify number): Two (2) weeks b. [1 hours (short causes) (specify): Trial representation (to be answered for each party) The party or parties will be represented at trial Kx] by the attorney or party listed in the caption Co by the following: Attorney: William A. Ward Firm: LAW OFFICE OF WILLIAM A. WARD Address:9 Williamsburg Lane, Chico, CA 95926 Telephone number: (530) 342-2225 Fax number: (530) 342-7920 E-mail address: n/a Party represented: The Stephen Meline IV Family oO Additional representation is described in Attachment 8. Preference [Ec] This case is entitled to preference (specify code section): Plaintiff has requested preference 10. Alternative Dispute Resolution (ADR) a Counsel has has not provided the ADR information package identified in rule 201.9 to the client and has reviewed ADR options with the client. b. [J Allparties have agreed to a form of ADR. ADR will be completed by (date) The case has gone to an ADR process (indicate status). Mediation, settlement not reached. (CM-110 [Rev. January 1, 2005} Pago 2of 4 CASE MANAGEMENT STATEMENT GEB 3 NUMBER: PLAINTIFF/PETITIONER: MELINE, et al. 127180 -| DEFENDANT/RESPONDENT: MELINE, et al. x 10.d. The party or parties are willing to participate in (check all that apply): (1) Gx] Mediation (2) Co Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to close 15 days before arbitration under Cal. Rules of Court, rule 1612) (3) Co Nonbinding judicial arbitration under Code of Civil Procedure section 1141.12 (discovery to remain open until 30 days before trial der required under Cal. Rules of Court, rule 1612) (4) (1 Binding judicial arbitration «6 CO Binding private arbitration (6) (1 Neutral case evaluation (7) Other (specify): A referee has been appointed under Code of Civil Procedure Section 644(b). e. [1] This matter is subject to mandatory judicial arbitration because the amount in controversy does not exceed the statutory limit f. [] Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. g. [_) This case is exempt from judicial arbitration under rule 1601(b) of the California Rules of Court (specify exemption): 11. Settlement conference The party or parties are willing to participate in an early settlement conference (specify when): At any time. 12. Insurance a. [J Insurance carrier, if any, for party filing this statement (name): b Reservation of rights: ( Yes [J No c. [) Coverage issues will significantly affect resolution of this case (explain): 13. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case, and describe the status. Co Bankruptcy: Other (specify): Reference under Code of Civil Procedure Section 644 (b). Status: 14, Related cases, consolidation, and coordination a There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: [] Additional cases are described in Attachment 14a. b. [1] Amotion to [= consolidate [5 coordinate will be filed by (name party): 15. Bifurcation (—) The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 16. Other motions [1 The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): CM-+110 (Rev. January 1, 2005] CASE MANAGEMENT STATEMENT Page 30f 4 GEB PLAINTIFF/PETITIONER: MELINE et e@ al. ‘CASE NUMBER: + 127180 t DEFENDANT/RESPONDENT: MELINE et al. 17. Discovery a. The party or parties have completed all discovery. b. Gc] The following discovery will be completed by the date specified (describe all anticipated discovery). Party Descriptiot Date Defendant and Discovery is anticipated in regard Cross-Complainants to the land division and appraisals regarding all ranches. Also, discovery may be required in respect to the dissolution of the Corporation and anticipated accounting issue. c. Cx] The following discovery issues are anticipated (specify) Use and alleged mis-use of Corporation assets; value of real property; contributory value of land improvements paid for by the Corporation; easement and access rights; accounting. 18, Economic Litigation a. This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90 through 98 will apply to this case. b. [_] This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or foradditional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 19, Other issues Gc The party or parties request that the following additional matters be considered or determined at the case management conference (specify): A referee was appointed in open court on June 17 2005 A contested motion is pending before the referee for appointment of an appraisal firm to appraise all the ranches The undersigned believes that an appraisal of all the ranches is necessary so that a multiplicity of discovery can be avoided. 20. Meet and confer The party or parties have met and conferred with all parties on all subjects required by rule 212 of the California Rules of Court (if not, explain). b. After meeting and conferring as required by rule 212 of the California Rules of Court, the parties agree on the following (specify) 21 Case management orders Previous case management orders in this case are (check one). [5 none [1] attached as Attachment 21 An order of severance has been made. A referee has been appointed (order filed 9-6-05) 22. Total number of pages attached (if any). | am completely familiar with this case and will be fully prepared to discuss the status of discovery and ADR, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: February 10, 2006 William A. Ward rl Ae Wa (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) » (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) [Additional signatures are attached CM-110 [Rev. January1, 2005] Page 4 of 4 CASE MANAGEMENT STATEMENT GEB e @ PROOF OF SERVICE I declare that I am employed in the County of Butte, State of California. I am over the age of 18 years and am not a party to the within action; my business address is #9 Williamsburg Lane, Chico, California, 95926. On February 10, 2006, I served foregoing document(s) described as: Case Management Statement on the parties/counsel, addressed as follows: John Jeffe: Carter, Es Richard L. Crabtree CARTER AW OFFIC. Attorney at Law P. O. Box 3606 1395 Ridgewood Drive, Suite 300 Chico, CA 95927-3606 Chico, CA 95973 10 Nels A. Christensen, Esq. James B. Berglund 11 CHRISTENSEN & SCHWARZ, LLP Attorney at Law 1 Governors Lane 1838 Feather River Boulevard 4g 5 535) gHos ws Bz 12 13 Chico, CA 95926 Oroville, CA 95965 Courtesy Copy t Charleton S. Pearse, Esq. Referee, The Honorable Noel Watkins ix SoSEN oZm08 14 McMURCHIE, WEILL, LENAHAN, LEE, judge gf the Superior Court, Retired LOLS Saez SLATER & PEARSE, LLP 353 WOR Es, 15 1030 Fifteenth Street, Suite 300 Red Bluff, CA 96080 + Be 2 SG Sacramento, CA 95814 3“ gr 16 17 The following is the procedure in which service of this document was effected. 18 X__ U.S. Postal Service (placing such envelope(s) with postage thereon fully prepaid in the designated area for outgoing mail in accordance with this office’s practice, whereby the 19 mail is deposited in the United States mailbox in the City of Chico, California, after the close of the day’s business) 20 —_ Federal Express Facsimile 21 22 I declare under penalty of perjury under the laws of the State of California that the 23 foregoing is true and correct, and that this document is executed on February 10, 2006, at Chico, 24 California. 25 26